Agenda item

Mr JMO confirmed that he had received and understood the procedure to be followed for this hearing.

The Senior Public Protection Officer presented the report. Members noted that a valid DBS certificate had not been received from the licence holder, despite several requests from Licensing for him to supply one. The DBS web portal had confirmed that a valid certificate had been issued to Mr JMO in March this year. A statement from Mr JMO was circulated to Members, and the hearing was adjourned to allow them time to study this.

After the hearing reconvened, Mr JMO said that there was little he could add to his written statement except to reiterate his apologies. The problem was that he had changed address and was not receiving post from his old address. He had applied for another DBS certificate, which he would forward as soon as he received it. He assured the Sub-Committee that the certificate would show that he had no convictions. In his closing statement he once again apologised for the trouble he had caused.

Following a further adjournment the Sub-Committee RESOLVED that Mr JMO continues to be a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence.

Reasons

Members have had to determine what action to take against the holder of a combined Hackney Carriage/Private Hire Driver’s Licence who has failed to provide a valid DBS certificate. In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

Members had to decide whether the licensee was a fit and proper person to continue to hold a licence taking into account all of the circumstances.

Members took account of the licensee’s written statement and his oral representations and balanced these against the failure to produce a DBS certificate.

Members noted that on renewal of his licence in February 2016, Mr J M O’s licence was issued subject to the caveat, which was expressly stated on the face of the licence, that “to drive a Hackney Carriage/Private Hire vehicle in the Bath and North East Somerset area, subject to the conditions attached hereto and a satisfactory police check and DVLA check as appropriate”. Despite reminder letters sent to him by the Licensing office on the 16^th June and 5^th July, he has failed to provide the certificate. Members noted that the DBS certificate was issued to Mr J M O on 10^th March.

Mr J M O simply confirmed what he had put in his statement and apologised for the inconvenience caused. He confirmed he is now settled and on top of his affairs. He assured members that the DBS check would come back clear.

Members noted that Mr J M O was first granted a licence in 1998 and that there had been no complaints against him regarding his previous conduct or behaviour. Having heard Mr J M O’s representations Members are satisfied that this was a genuine oversight on the part of the licensee, which he has sought to rectify without delay upon learning of it. On balance Members find that Mr J M O continues to be a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence but issue him with a stern warning to keep on top of his affairs. Members noted that if any caution or conviction is revealed on the DBS check, Mr J M O would be referred back to the Committee.